NEVADA LEGISLATURE

THE ONE HUNDRED AND SEVENTEENTH DAY

Carson City (Friday), May 30, 2003

Assembly called to order at 11:25 a.m.

Mr. Speaker presiding.

Roll called.

All present.

Prayer by the Chaplain, Reverend Bruce Henderson.

Lord of Heaven and Earth, as we near the end of this session of the Nevada State Legislature, I want to thank You for the members of the Assembly and their staffs. I especially want to thank You for the tremendous support here at the Legislative Counsel Bureau. Thank You for all those in the Administrative, Legal, Audit, Research, and Fiscal Divisions. Where would we be without them all? Of course, we would be lost without our Front Desk. Thank You for Diane, Matthew, Cindy, Kathryn, Harle, and Jason who serve under the marvelous leadership of Jacque. And thank You, Lord, for giving us a land where we have such freedoms as this.

Amen.

Pledge of Allegiance to the Flag.

Assemblyman Oceguera moved that further reading of the Journal be dispensed with, and the Speaker and Chief Clerk be authorized to make the necessary corrections and additions.

Motion carried.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was referred Senate Bill No. 420, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and do pass as amended.

Morse Arberry Jr., Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 14.

Assemblyman Conklin moved the adoption of the resolution.

Remarks by Assemblyman Conklin.

Resolution adopted, as amended.

SECOND READING AND AMENDMENT

Senate Bill No. 420.

Bill read second time.

The following amendment was proposed by the Committee on
Ways and Means:

Amendment No. 935.

Amend the bill as a whole by adding new sections designated sections 3.3 and 3.7, following sec. 3, to read as follows:

“Sec. 3.3. NRS 501.171 is hereby amended to read as follows:

501.171 1. A county advisory board to manage wildlife shall submit written nominations for appointments to the Commission upon the request of the Governor and may submit nominations at any other time.

2. After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the Commission, the Governor shall appoint to the Commission:

(a) One member who is actively engaged in the conservation of wildlife;

(b) One member who is actively engaged in farming;

(d) One member who represents the interests of the general public; and

(e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.

3. The Governor shall not appoint to the Commission any person who has been convicted of:

(a) A felony or gross misdemeanor for a violation of NRS 501.376 ; ~~[, 502.060 or 504.395; or]~~

(b) A gross misdemeanor for a violation of NRS 502.060 or 504.395; or

(c) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS, during the previous 10 years.

4. Not more than three members may be from the same county whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.

5. The Commission shall annually select a Chairman and a Vice Chairman from among its members. A person shall not serve more than two consecutive terms as Chairman.

Sec. 3.7. NRS 501.172 is hereby amended to read as follows:

501.172 1. A member of the Commission may be removed from office for just cause.

2. A member of the Commission must be removed from office for:

(a) A conviction of a felony or gross misdemeanor for a violation of
NRS 501.376 ; ~~[, 502.060 or 504.395; or]~~

(b) A conviction of a gross misdemeanor for a violation of NRS 502.060 or 504.395; or

(c) Two or more convictions of violating the provisions of chapters 501
to 504, inclusive, of NRS.”.

Amend the bill as a whole by renumbering sec. 4.5 as sec. 4.3 and adding a new section designated sec. 4.7, following sec. 4.5, to read as follows:

“Sec. 4.7. NRS 501.376 is hereby amended to read as follows:

501.376 1. ~~[Any person who unlawfully kills or possesses]~~ Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear [without a valid tag is guilty of a gross misdemeanor. This subsection does not prohibit the killing of such an animal if necessary to protect the life or property of any person in imminent danger of being attacked by such an animal.

~~2.]~~ :

(a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

(b) Through the use of an aircraft, helicopter or motor-driven vehicle in violation of NRS 503.010;

(c) By a method other than the method prescribed on the tag issued by the Division for hunting that animal;

(d) In a manner, during a time or in a place otherwise prohibited by a specific statute or a regulation adopted by the Commission; or

(e) Without a valid tag issued by the Division for hunting that animal. A tag issued for hunting any ~~[big game mammal]~~ animal specified in this subsection ~~[1]~~ is not valid if knowingly used by a person:

~~[(a)]~~ (1) Other than the person specified on the tag;

~~[(b)]~~ (2) Outside of the management area or other area specified on the tag;

~~[(c) Outside of the dates established by the Commission for the lawful taking of the big game mammal specified on the tag;~~

~~(d) Outside of the hours set pursuant to NRS 503.140 for the lawful hunting of the big game mammal specified on the tag; or~~

~~(e)]~~ or

(3) If the tag was obtained by a false or fraudulent representation.

2. The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

(a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or

(b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

3. A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

(a) The nature of the offense;

(b) The circumstances surrounding the offense;

(c) The defendant’s understanding and appreciation of the gravity of the offense;

(d) The attitude of the defendant towards the offense; and

(e) The general objectives of sentencing.

4. A person shall not willfully possess any animal specified in
subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

5. A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.”.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. NRS 501.388 is hereby amended to read as follows:

501.388 1. The Commission may, in addition to any suspension, revocation or other penalty imposed pursuant to any other provision of this title:

(a) Revoke any license of any person who is convicted of a violation of NRS 503.050, and may refuse to issue any new license to the convicted person for any period not to exceed 5 years after the date of the conviction; and

(b) Revoke any license of any person who is convicted of unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear ~~[without a valid tag,]~~ in violation of NRS 501.376, and may:

(1) Refuse to issue any new license to the convicted person for any period not to exceed 3 years; and

(2) Revoke that person’s privilege to apply for any big game tag for a period not to exceed 10 years.

2. The court in which the conviction is had shall require the immediate surrender of all such licenses and shall forward them to the Commission.”.

Amend sec. 45, page 24, line 4, after “4.” by inserting:

“Sections 3.3, 3.7, 4.7 and 5.5 of this act become effective on October 1, 2003.

5.”.

Amend sec. 45, page 24, line 6, by deleting:

“5. Sections 4.5,” and inserting:

“6. Sections 4.3,”.

Amend sec. 45, page 24, line 8, by deleting “6.” and inserting “7.”.

Amend the title of the bill to read as follows:

“AN ACT relating to wildlife; revising provisions relating to the qualifications of members of the Board of Wildlife Commissioners; revising provisions governing the killing or possessing of certain animals; authorizing the Division of Wildlife of the State Department of Conservation and Natural Resources under certain circumstances to suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document of a person who fails to pay a civil penalty timely; prohibiting certain persons from hunting certain upland game birds under certain circumstances; imposing and revising certain fees; creating the Wildlife Obligated Reserve Account in the State General Fund; requiring the Commission to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes relating to wildlife. (BDR 45‑1254)”.

Assemblyman Arberry moved the adoption of the amendment.

Remarks by Assemblyman Arberry.

Assemblywoman Gibbons requested a roll call vote on Amendment
No. 935 to Senate Bill No. 420.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:31 a.m.

ASSEMBLY IN SESSION

At 11:33 a.m.

Mr. Speaker presiding.

Quorum present.

Assemblywoman Gibbons withdrew her motion for a roll call vote on Amendment No. 935 to Senate Bill No. 420.

Amendment adopted.

Bill ordered reprinted, re-engrossed, and to third reading.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Ways and Means, to which was re-referred Senate Bill No. 314, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Also, your Committee on Ways and Means, to which were referred Senate Bills Nos. 352, 500, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

Morse Arberry Jr., Chairman

SECOND READING AND AMENDMENT

Senate Bill No. 352.

Bill read second time and ordered to third reading.

Senate Bill No. 500.

Bill read second time and ordered to third reading.

general file and third reading

Senate Bill No. 495.

Bill read third time.

Remarks by Assemblymen Parks and Goldwater.

Roll call on Senate Bill No. 495:

Yeas—42.

Nays—None.

Senate Bill No. 495 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

In compliance with a notice given on a previous day,
Assemblyman Gustavson moved that the vote whereby Assembly Bill
No. 537 was passed be reconsidered.

Remarks by Assemblywoman Buckley.

Motion carried.

general file and third reading

Senate Joint Resolution No. 11.

Resolution read.

Roll call on Senate Joint Resolution No. 11:

Yeas—32.

Nays—Andonov, Angle, Christensen, Geddes, Gibbons, Goicoechea, Griffin, Hardy, Knecht, Mabey—10.

Senate Joint Resolution No. 11 having received a constitutional majority, Mr. Speaker declared it passed.

Resolution ordered transmitted to the Senate.

Senate Bill No. 314.

Bill read third time.

Roll call on Senate Bill No. 314:

Yeas—42.

Nays—None.

Senate Bill No. 314 having received a constitutional majority, Mr. Speaker declared it passed.

Bill ordered transmitted to the Senate.

Assembly Bill No. 537.

Bill read third time.

Roll call on Assembly Bill No. 537:

Yeas—26.

Nays—Andonov, Angle, Beers, Brown, Carpenter, Christensen, Geddes, Grady, Griffin, Gustavson, Hardy, Hettrick, Mabey, Marvel, Sherer, Weber—16.

Assembly Bill No. 537 having received a constitutional majority,
Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 163, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA9, which is attached to and hereby made a part of this report.

Bernie Anderson	Mark E. Amodei
Rod Sherer	Terry Care
William Horne	Mike McGinness
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA9.

Amend the bill as a whole by deleting sections 1 through 72 and renumbering sections 72.3 through 72.7 as sections 1 through 3.

Amend the bill as a whole by deleting sections 73 through 79 and renumbering sec. 79.5 as sec. 4.

Amend the bill as a whole by deleting sections 80 through 82 and renumbering sec. 82.5 as sec. 5.

Amend the bill as a whole by deleting sections 83 and 84 and renumbering sections 84.3 and 84.7 as sections 6 and 7.

Amend sec. 84.3, page 61, line 36, by deleting “72.7” and inserting “3”.

Amend sec. 84.7, page 61, line 42, by deleting “79.5” and inserting “4”.

Amend the bill as a whole by deleting sec. 85 and the text of the repealed section.

Amend the title of the bill to read as follows:

“AN ACT relating to financial practices; providing a penalty for a person who willfully offers into evidence as genuine certain fraudulent records or who willfully destroys or alters certain records under certain circumstances; increasing the penalty for certain securities violations; extending the civil and criminal statutes of limitations for certain securities violations; excluding the performance of certain internal audits pertaining to certain gaming licensees by certain independent accountants; and providing other matters properly relating thereto.”.

Amend the summary of the bill to read as follows:

“SUMMARY—Makes various changes to provisions concerning financial practices. (BDR 7‑383)”.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 163.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 155, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA16, which is attached to and hereby made a part of this report.

Bernie Anderson	Dennis Nolan
John C. Carpenter	Mike McGinness
Marcus Conklin	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA16.

Amend the bill as a whole by adding a new section, designated sec. 1.5, following sec. 1, to read as follows:

“Sec. 1.5. Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:

An employer who fails to request information concerning the criminal history of a volunteer or prospective volunteer as authorized pursuant to subsection 4 of NRS 179A.100 is not liable to a child served by the employer for civil damages suffered by the child as a result of an offense listed in subsection 4 of NRS 179A.190 committed against the child by such a volunteer or prospective volunteer.”.

Amend sec. 4, page 7, by deleting lines 9 through 14 and inserting:

“4. ~~[The]~~ In addition to any other information to which an employer is entitled or authorized to receive, the Central Repository shall disseminate to a prospective or current employer ~~[, upon request, information relating to sexual offenses]~~ the information described in subsection 4 of NRS 179A.190 concerning an employee, prospective employee, volunteer or prospective volunteer who gives his written consent to the release of that information ~~[.]~~ if the employer submits a request in the manner set forth in NRS 179A.200 for obtaining a notice of information. The Central Repository shall search for and disseminate such information in the manner set forth in
NRS 179A.210 for the dissemination of a notice of information. Except as otherwise provided in this subsection, the provisions of NRS 179A.180 to 179A.240, inclusive, do not apply to an employer who requests information and to whom information is disseminated pursuant to this subsection.

5. Records of criminal history must be disseminated by an”.

Amend sec. 4, page 8, by deleting lines 5 and 6 and inserting:

“(m) Prospective employers if the person who is the subject of the”.

Amend sec. 4, page 8, line 23, by deleting “~~[6.]~~ 5.” and inserting “6.”.

Amend the bill as a whole by deleting sec. 9 and adding:

“Sec. 9. (Deleted by amendment.)”.

Amend sec. 10, page 11, by deleting lines 23 through 43 and inserting:

“(b) A conviction for a felony within the immediately preceding 7 years;

(c) An act committed outside this state that would constitute a sexual offense if committed in this state or a conviction for an act committed outside this state that would constitute a felony if committed in this state; and

(d) The aiding, abetting, attempting or conspiring to engage in any such act in this state or another state.”.

Amend sec. 11, page 12, by deleting line 2 and inserting:

“179A.200 1. ~~[An]~~ In addition to any other information which an employer is authorized to request pursuant to this chapter, an employer may request from the Central”.

Amend sec. 12, page 13, lines 26 and 29, by deleting: ~~[a sexual]~~ any such” and inserting “a sexual”.

Amend sec. 13, pages 15 and 16, by deleting lines 38 through 44 on
page 15 and lines 1 and 2 on page 16.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 155.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

Consideration of Senate Amendments

Assembly Bill No. 534.

The following Senate amendment was read:

Amendment No. 933.

Amend sec. 8, page 5, line 24, after “money” by inserting: “actually received by the Board”.

Assemblyman Manendo moved that the Assembly concur in the Senate amendment to Assembly Bill No. 534.

Remarks by Assemblyman Manendo.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 11:47 a.m.

ASSEMBLY IN SESSION

At 11:51 a.m.

Mr. Speaker presiding.

Quorum present.

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 355, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA14, which is attached to and hereby made a part of this report.

Chris Giunchigliani	Bob Coffin
Ellen Koivisto	Sandra Tiffany
Valerie Weber	Ann O’Connell
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. 14.

Amend sec. 3, page 2, line 23, by deleting 244.414,” and inserting: “244.414 or such other committee or advisory body as may be established by the county,”.

Amend sec. 4, page 3, by deleting lines 30 through 44 and inserting:

“(d) Must, if an owner of a commercial helicopter desires to receive the tax exemption for using the preferred airport or other preferred facility, as described in paragraph (a) of that subsection, require the owner to, on an annual basis:

(1) Reapply for the exemption; and

(2) Provide proof that the commercial helicopter is using the preferred airport or other preferred facility in accordance with the thresholds established pursuant to paragraph (c); and

(e) Must, if an owner of a commercial helicopter desires to receive the tax exemption for complying substantially with the technological modifications and other measures, as described in paragraph (b) of that subsection, require the owner to, on an annual basis:

(1) Reapply for the exemption; and

(2) Provide proof of substantial compliance with the technological modifications and other measures that are recommended pursuant to paragraph (b) of subsection 1 of section 3 of this act.”.

Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 355.

Remarks by Assemblywoman Giunchigliani.

Motion carried by a constitutional majority.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Senate Bill No. 221 be taken from the Chief Clerk’s desk and placed on the General File for the next legislative day.

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 32, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA15, which is attached to and hereby made a part of this report.

David Parks	Warren B. Hardy
John Oceguera	Randolph J. Townsend
Lynn Hettrick	Maggie Carlton
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. 15

Amend sec. 15, page 9, line 27, by deleting “704B.310,” and inserting: “704B.310 or a request that is filed pursuant to section 7 of Senate Bill
No. 125 of this session,”.

Amend sec. 15, page 9, line 43, after “3.” by inserting: “If an eligible customer to whom an order is issued pursuant to subsection 1 thereafter purchases energy, capacity or ancillary services from an alternative provider pursuant to section 7 of Senate Bill No. 125 of this session without obtaining the approval of the Commission, the order issued pursuant to subsection 1 continues to apply to the eligible customer.

4.”.

Amend the bill as a whole by deleting sec. 17 and adding new sections designated sections 17 through 19, following sec. 16, to read as follows:

“Sec. 17. Section 14 of Assembly Bill No. 431 of this session is hereby amended to read as follows:

Sec. 14. 1. The Solar Energy Systems Demonstration Program is hereby created.

2. The Demonstration Program shall have three categories of participants as follows:

(a) Schools;

(b) Other public buildings; and

3. A person is eligible to participate in the Demonstration Program if the person:

(a) To install a solar energy system, uses an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

(b) For a participant in the category of schools or a participant in the category of public buildings, provides for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

~~[4. In addition to the requirements of subsection 3, to be eligible to participate in the Demonstration Program, a person must be approved by the Public Utilities Commission of Nevada.~~

5. The Public Utilities Commission of Nevada shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Demonstration Program in the particular category of:

~~(a) Schools;~~

~~(b) Other public buildings; or~~

~~(c) Private residences or small businesses.]~~

Sec. 18. Section 19 of Assembly Bill No. 431 of this session is hereby amended to read as follows:

Sec. 19. 1. After the participant installs the solar energy system included in the Demonstration Program, the Public Utilities Commission of Nevada shall issue to the participant ~~[the following]~~ renewable energy credits for use within the system of renewable energy credits adopted by the Commission pursuant to NRS 704.7821 [:

~~(a) For a participant in the category of schools or a participant in the category of other public buildings, the participant is entitled to renewable energy credits]~~ equal to ~~[twice]~~ 2.4 times the actual or estimated kilowatt-hour production of the solar energy system . ~~[of the participant for a period of not less than 10 years.~~

(b) For a participant in the category for private residences and small businesses, the participant is entitled to renewable energy credits equal to the actual or estimated kilowatt-hour production of the solar energy system of the participant.]

2. The Commission shall designate the renewable energy credits issued to the participant pursuant to subsection 1 as renewable energy credits generated or acquired from solar renewable energy systems. The participant may transfer the renewable energy credits to a utility if the participant complies with the regulations adopted by the Commission to complete such a transfer.

3. The Commission shall adopt regulations to provide for the requirements and the procedures that a participant must follow to transfer renewable energy credits from the participant to a utility.

Sec. 19. 1. This act becomes effective on July 1, 2003.

2. Sections 17 and 18 of this act expire by limitation on June 30, 2007.”.

Amend the title of the bill, eighteenth line, after “circumstances;” by inserting: “revising provisions relating to the Solar Energy Systems Demonstration Program;”.

Assemblyman Parks moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 32.

Remarks by Assemblyman Parks.

Motion carried by a two-thirds constitutional majority.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 21, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Chris Giunchigliani, Chairman

Mr. Speaker:

Your Concurrent Committee on Elections, Procedures, and Ethics, to which was referred Assembly Concurrent Resolution No. 19, has had the same under consideration, and begs leave to report the same back with the recommendation: Amend, and be adopted as amended.

Chris Giunchigliani, Chairman

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 19.

Resolution read.

The following amendment was proposed by the Committee on
Elections, Procedures, and Ethics:

Amendment No. 949.

Amend the resolution, page 1, by deleting lines 17 and 18.

Amend the resolution, page 1, line 19, by deleting “2.” and inserting “1.”.

Amend the resolution, page 2, by deleting lines 1 through 12 and inserting:

“2. One member appointed by the Speaker of the Assembly who represents an incumbent local exchange carrier, as defined in
NRS 704.68932, which serves 100,000 or more persons in this state;

3. One member appointed by the Speaker of the Assembly who represents an interexchange carrier, as defined in NRS 704.040, which is doing business in this state;

4. One member appointed by the Speaker of the Assembly who represents an emerging technology in the telecommunications industry;

5. One member appointed by the Majority Leader of the Senate who represents wireless technology;

6. One member appointed by the Majority Leader of the Senate who represents a competitive supplier, as defined in NRS 704.6892, which is doing business in this state;

7. One member appointed by the Majority Leader of the Senate who represents an incumbent local exchange carrier, as defined in
NRS 704.68932, which serves not more than 30,000 persons in this state;

8. One member appointed by the Governor who represents cable communications; and”.

Amend the resolution, page 2, line 13, by deleting “7.” and inserting “9.”.

Amend the resolution, page 2, between lines 28 and 29, by inserting:

“Resolved, That the Bureau of Consumer Protection in the Office of the Attorney General will provide technical assistance to the interim committee and the advisory committee as well as collect and compile pricing data, including components of bundled services; and be it further”.

Amend the resolution, page 2, line 35, by deleting “and”.

Amend the resolution, page 2, line 39, by deleting: “and be it further” and inserting:

“4. The current competition and future competitive trends for telecommunications services in the Northern Nevada and Southern Nevada markets;

5. The pricing trends to various customer classes of telecommunications services after the enactment of Senate Bill No. 440 by the 70th Session of the Nevada Legislature;

6. Methods to promote deployment of affordable broadband services to all classes of consumers; and

7. Before regulatory action is taken that is not otherwise required as a result of changes made by the 72nd Session of the Nevada Legislature or as result of federal laws and regulations, the appropriate scope of future legislative or regulatory policies regarding telecommunications services and products to promote an orderly transition to a functionally competitive telecommunications market in a manner that will most benefit the consumers and economy of this state; and be it further”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblywoman Giunchigliani.

Amendment adopted.

Resolution ordered reprinted, engrossed, and to the Resolution File.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblyman Goldwater moved that Assembly Bill No. 490 be taken from the Chief Clerk’s desk and placed on the General File.

Motion carried.

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 30, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA18, which is attached to and hereby made a part of this report.

Mark Manendo	Dennis Nolan
Pete Goicoechea	Barbara Cegavske
Kelvin Atkinson	Bernice Mathews
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA18.

Amend sec. 9, page 8, line 37, by deleting “July” and inserting “January”.

Assemblyman Manendo moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 30.

Remarks by Assemblyman Manendo.

Motion carried by a constitutional majority.

MOTIONS, RESOLUTIONS AND NOTICES

Assembly Concurrent Resolution No. 21.

Resolution read.

The following amendment was proposed by Elections, Procedures, and Ethics:

Amendment No. 950.

Amend the resolution, pages 2 and 3, by deleting lines 36 through 44 on page 2 and lines 1 through 8 on page 3, and inserting:

“Resolved by the assembly of the State of Nevada, the Senate Concurring, That the Nevada Legislature hereby declares that the preservation of Walker Lake’s freshwater ecosystem is important to the residents of the State of Nevada and that all reasonable actions to resolve the Walker River Issues through the ongoing mediation should be taken; and be it further

Resolved, That the Chief Clerk of the Assembly prepare and transmit a copy of this resolution to Governor Kenny C. Guinn, to
Governor Gray Davis and to the Director of the Nevada State Department of Conservation and Natural Resources for dissemination to all of the participants in the ongoing mediation.”.

Amend the preamble of the resolution, pages 1 and 2, by deleting lines 1 through 8 on page 1 and lines 1 through 35 on page 2, and inserting:

“Whereas, The Walker River is an interstate stream, consisting of the East and West Walker, both of which rise high on the eastern slopes of the Sierra Nevada in California; and

Whereas, The West Walker flows into Antelope Valley, located mostly in California, and then into Smith and Mason Valleys in Nevada; and

Whereas, The principal streams forming the East Walker combine in Bridgeport Meadows in California, and from there, the East Walker flows into Mason Valley, where it unites with the West Walker to form the main Walker River; and

Whereas, The main Walker River leaves Mason Valley and flows into and through the Walker River Indian Reservation and into Walker Lake; and

Whereas, The Walker River Irrigation District, a Nevada irrigation district, owns and operates Bridgeport Reservoir, located on the East Walker in California; and

Whereas, The United States, for the benefit of the Walker River Paiute Tribe, owns and operates Weber Reservoir, located on the Main Walker River and within the Walker River Indian Reservation; and

Whereas, Walker Lake is a freshwater lake located in west-central Nevada, fed by snowmelt from the Sierra Nevada in California and other mountain ranges in Nevada; and

Whereas, Walker Lake draws a considerable number of tourists and functions as an economic mainstay for the Mineral County economy; and

Whereas, Walker Lake has cultural, historical and spiritual importance to the Walker River Paiute Tribe; and

Whereas, Functioning as the terminus of the Walker River System, Walker Lake is one of the few saline lakes that is capable of supporting a freshwater trout fishery; and

Whereas, Walker Lake is a major migratory stopover for the largest single inland congregation of common loons west of the Mississippi River as well as other birds such as grebes, cormorants, pelicans and other waterfowl that rely on the Lake for survival; and

Whereas, Walker Lake provides habitat for the Lahontan cutthroat trout; and

Whereas, The Walker River System provides significant recreation, ecologic and economic benefits in California, in Bridgeport Meadows, in Antelope Valley and at Bridgeport and Topaz Reservoirs, and in Nevada, in Topaz Reservoir, in Smith and Mason Valleys, at Weber Reservoir, within the Walker River Indian Reservation and at Walker Lake; and

Whereas, There are a number of interrelated issues on the Walker River System, including claims by the Walker River Paiute Tribe and the United States to surface and underground water for federal property within the Walker River Basin in Nevada and California, claims to adjudicate the water of the Walker River System to preserve minimum water levels in Walker Lake and the allocation of the water of the Walker River System between California and Nevada (collectively the “Walker River Issues”); and

Whereas, The volume of Walker Lake has diminished by 75 percent since the late 1800s, and this continuing decrease is creating high concentrations of dissolved solids that are extremely detrimental and ultimately toxic to fish; and

Whereas, Effective as of January 14, 2003, the United States, the State of Nevada, the State of California, the Walker River Paiute Tribe, the Walker River Irrigation District, Mono County, California, Lyon County, Nevada, Mineral County, Nevada, and the Walker Lake Working Group agreed to attempt to resolve the Walker River Issues through mediation with a third-party, neutral mediator; now, therefore, be it”.

Amend the title of the resolution, second and third lines, by deleting:

“in the public interest.” and inserting:

“important to the residents of the State of Nevada.”.

Amend the summary of the resolution to read as follows:

“SUMMARY—Declares that preservation of Walker Lake’s freshwater ecosystem is important to residents of Nevada. (BDR R‑1302)”.

Assemblywoman Giunchigliani moved the adoption of the amendment.

Remarks by Assemblymen Giunchigliani and Grady.

Amendment adopted on a division of the House.

Resolution ordered reprinted, engrossed, and to the Resolution File.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:05 p.m.

ASSEMBLY IN SESSION

At 12:06 p.m.

Mr. Speaker presiding.

Quorum present.

general file and third reading

Assembly Bill No. 490.

Bill read third time.

The following amendment was proposed by Assemblyman Goldwater:

Amendment No. 961.

Amend sec. 15, page 3, line 21, after “by” by inserting “escrow companies,”.

Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:

“Sec. 21.5. NRS 645A.067 is hereby amended to read as follows:

645A.067 Each escrow agency shall pay the assessment levied by the Commissioner and cooperate fully with the audits and examinations performed pursuant to ~~[NRS 658.055.]~~ section 12 of this act.”.

Amend sec. 36, page 14, by deleting lines 11 through 17 and inserting:

“645B.690, any firm or corporation ~~[:]~~ , or wholly owned subsidiary thereof:

(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage Association as a seller and servicer; and

Amend the bill as a whole by adding a new section designated sec. 42.5, following sec. 42, to read as follows:

“Sec. 42.5. NRS 645B.075 is hereby amended to read as follows:

645B.075 Each mortgage broker shall pay the assessment levied pursuant to ~~[NRS 658.055.]~~ section 12 of this act. Each mortgage broker and mortgage agent shall cooperate fully with the audits and examinations performed pursuant thereto.”.

Amend sec. 54, page 29, by deleting lines 31 through 37 and inserting:

“6. Any firm or corporation ~~[:]~~ , or wholly owned subsidiary thereof:

(a) Whose principal purpose or activity is lending money on real property which is secured by a mortgage;

(b) Approved by the Federal National Mortgage Association as a seller and servicer; and

Amend sec. 88, page 55, lines 39 and 42, by deleting “broker.”” and inserting “banker.””.

Amend sec. 89, page 56, line 1, by deleting “22” and inserting “21.5”.

Amend sec. 89, page 56, line 6, by deleting “22” and inserting “21.5”.

Amend sec. 89, page 56, line 7, after “42,” by inserting “42.5,”.

Assemblyman Goldwater moved the adoption of the amendment.

Remarks by Assemblyman Goldwater.

Amendment adopted.

Bill ordered reprinted, re-engrossed, and to third reading.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 12:20 p.m.

ASSEMBLY IN SESSION

At 12:23 p.m.

Mr. Speaker presiding.

Quorum present.

Assemblywoman Buckley moved that the Assembly recess until 5:30 p.m.

Motion carried.

Assembly in recess at 12:26 p.m.

ASSEMBLY IN SESSION

At 6:08 p.m.

Mr. Speaker presiding.

Quorum present.

REPORTS OF COMMITTEES

Mr. Speaker:

Your Committee on Taxation, to which was referred Senate Bill No. 464, has had the same under consideration, and begs leave to report the same back with the recommendation: Do pass.

David Parks, Chairman

MESSAGES FROM THE Senate

Senate Chamber, Carson City, May 30, 2003

To the Honorable the Assembly:

I have the honor to inform your honorable body that the Senate on this day passed
Assembly Bill No. 550.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 249, Amendment No. 934; Assembly Bill No. 257, Amendment No. 951; Assembly Bill No. 395, Amendments Nos. 931, 913, and respectfully requests your honorable body to concur in said amendments.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day passed, as amended, Assembly Bill No. 549, Amendment No. 959, and respectfully requests your honorable body to concur in said amendment.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 3, 235, 292.

Also, I have the honor to inform your honorable body that the Senate on this day passed, as amended, Senate Bills Nos. 132, 210, 497.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended, Senate Concurrent Resolution No. 31.

Also, I have the honor to inform your honorable body that the Senate amended, and on this day adopted, as amended, Senate Concurrent Resolution No. 32.

Also, I have the honor to inform your honorable body that the Senate on this day concurred in the Assembly Amendments Nos. 728, 944 to Senate Bill No. 264; Assembly Amendments
Nos. 756, 941 to Senate Bill No. 473; Assembly Amendment No. 945 to Senate Joint Resolution
No. 10.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to concur in the Assembly Amendment No. 954 to Senate Bill No. 137.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 23, Senate Amendment No. 850, and requests a conference, and appointed Senators Raggio, Townsend, and Care as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 502, Senate Amendment No. 804, and requests a conference, and appointed Senators Shaffer, Townsend, and Carlton as a first Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day respectfully refused to recede from its action on Assembly Bill No. 518, Senate Amendment No. 930, and requests a conference, and appointed Senators Care, Amodei, and Nolan as a first
Conference Committee to meet with a like committee of the Assembly.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Townsend, Tiffany, and Titus as a first Conference Committee concerning
Senate Bill No. 143.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Tiffany, Hardy, and Care as a first Conference Committee concerning Senate Bill
No. 144.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Townsend, Hardy, and Care as a first Conference Committee concerning Senate Bill No. 147.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O’Connell, Care, and Tiffany as a first Conference Committee concerning Senate Bill No. 229.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators O’Connell, Titus, and Hardy as a first Conference Committee concerning Senate Bill No. 359.

Also, I have the honor to inform your honorable body that the Senate on this day appointed Senators Tiffany, O’Connell, and Titus as a first Conference Committee concerning Senate Bill No. 451.

Also, I have the honor to inform your honorable body that the Senate on this day adopted the report of the first Conference Committee concerning Senate Bill No. 372; Assembly Bills
Nos. 30, 32, 132, 155, 353, 355, 498.

Mary Jo Mongelli

Assistant Secretary of the Senate

UNFINISHED BUSINESS

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 78, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA5, which is attached to and hereby made a part of this report.

Bernie Anderson	Dennis Nolan
Garn Mabey	Mike McGinness
Genie Ohrenschall	Valerie Wiener
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA5.

Amend sec. 7, page 8, by deleting lines 9 through 11 and inserting:

“(b) Except as otherwise provided in this paragraph, may, in the discretion of the Department, disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification. The Central Repository shall not disclose to the requester information concerning an offender who is assigned a Tier 2 level of notification if the offender:

(1) Has been released from actual custody for 10 years or more; and

(2) Has not been convicted of committing a sexual offense during the immediately preceding 10 years.”.

Assemblyman Anderson moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 78.

Remarks by Assemblyman Anderson.

Motion carried by a constitutional majority.

MOTIONS, RESOLUTIONS AND NOTICES

Senate Concurrent Resolution No. 31.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

Senate Concurrent Resolution No. 32.

Assemblywoman Buckley moved that the resolution be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

Assemblywoman Buckley moved that Assembly Concurrent Resolutions Nos. 19 and 21 just returned from the printer, be placed on the Resolution File.

Motion carried.

Assembly Concurrent Resolution No. 19.

Assemblywoman Giunchigliani moved the adoption of the resolution.

Remarks by Assemblywoman Giunchigliani.

Resolution adopted, as amended.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Giunchigliani moved that Assembly Concurrent Resolution No. 21 be taken from the Resolution File and placed on the
Chief Clerk’s desk.

Motion carried.

INTRODUCTION, FIRST READING AND REFERENCE

Senate Bill No. 3.

Assemblyman Oceguera moved that the bill be referred to the Committee on Judiciary.

Motion carried.

Senate Bill No. 132.

Assemblyman Oceguera moved that the bill be referred to the Committee on Commerce and Labor.

Motion carried.

Senate Bill No. 210.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 235.

Assemblyman Oceguera moved that the bill be referred to the Committee on Ways and Means.

Motion carried.

Senate Bill No. 292.

Assemblyman Oceguera moved that the bill be referred to the Committee on Elections, Procedures, and Ethics.

Motion carried.

Senate Bill No. 497.

Assemblyman Oceguera moved that the bill be referred to the Committee on Government Affairs.

Motion carried.

UNFINISHED BUSINESS

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Chowning, Carpenter, and Claborn as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 518.

Mr. Speaker appointed Assemblymen Goldwater, Pierce, and Gibbons as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Assembly Bill No. 502.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 6:20 p.m.

ASSEMBLY IN SESSION

At 6:26 p.m.

Mr. Speaker presiding.

Quorum present.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that all rules be suspended and that Senate Bill No. 420 just returned from the printer, be declared emergency measure under the Constitution and placed on the General File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 490 just returned from the printer, be placed on the General File.

Motion carried.

Assemblywoman Buckley moved that Assembly Bill No. 490 be taken from the General File and placed on the Chief Clerk’s desk.

Motion carried.

SECOND READING AND AMENDMENT

Senate Bill No. 464.

Bill read second time and ordered to third reading.

UNFINISHED BUSINESS

Consideration of Senate Amendments

Assembly Bill No. 395.

The following Senate amendment was read:

Amendment No. 913.

Amend sec. 3, page 1, line 11, by deleting “or”.

Amend sec. 3, page 1, line 14, by deleting “retardation.” and inserting: “retardation; or

3. A facility for intermediate care that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.”.

Amend sec. 4, page 2, line 2, by deleting “449.0039.” and inserting:
“449.0039, but does not include a facility for skilled nursing that is owned or operated by the State of Nevada or any political subdivision of the State of Nevada.”.

Amend sec. 8, page 3, between lines 19 and 20 by inserting:

“5. If federal law or regulation prohibits the money in the Fund to Increase the Quality of Nursing Care from being used in the manner set forth in this section, the rates paid to nursing facilities for providing services pursuant to the Medicaid Program must be changed:

(a) Except as otherwise provided in paragraph (b), to the rates paid to such facilities on July 1, 2003; or

(b) If the Legislature or the Division of Health Care Financing and Policy has on or after July 1, 2003, changed the rates paid to such facilities through a manner other than the use of expenditures from the Fund to Increase the Quality of Nursing Care, to the rates provided for by the Legislature or the Division of Health Care Financing and Policy.”.

Amend the title of the bill, second line, after “and on” by inserting “certain”.

Amend the summary of the bill to read as follows:

“SUMMARY―Provides for assessment of fee on certain facilities for intermediate care and on certain facilities for skilled nursing. (BDR 38‑999)”.

Assemblywoman Koivisto moved that the Assembly concur in the Senate Amendment No. 913 to Assembly Bill No. 395.

Remarks by Assemblywoman Koivisto.

Motion carried by a two-thirds constitutional majority.

The following Senate amendment was read:

Amendment No. 931.

Amend sec. 8, page 3, line 31, by deleting “July 1,” and inserting
“June 30,”.

Assemblywoman Koivisto moved that the Assembly concur in the Senate Amendment No. 931 to Assembly Bill No. 395.

Remarks by Assemblywoman Koivisto.

Motion carried by a two-thirds constitutional majority.

Bill ordered to enrollment.

Assembly Bill No. 249.

The following Senate amendment was read:

Amendment No. 934.

Amend section 1, page 2, by deleting lines 15 through 23 and inserting:

“~~[5.]~~ (5) Employee organizations and labor organizations [.

~~The]~~ that have 100 members or to which amounts are withheld and paid pursuant to this subparagraph as of January 1, 2003.

(b) Shall, upon receipt of information from the Public Employees’ Benefits Program specifying amounts of premiums or contributions for coverage by the Program, withhold those amounts from the salaries or wages of officers and employees who participate in the Program and pay those amounts to the Program.

2. Except as otherwise provided in this subsection, the State Controller may adopt regulations necessary to withhold money from the salaries or wages of officers and employees of the executive department. The State Controller may not adopt regulations relating to the withholding of money and the payment of such money to employee organizations or labor organizations.”.

Amend the title of the bill, fifth line, after “employees;” by inserting: “restricting the authority of the State Controller with respect to the adoption of certain regulations regarding payroll deductions that will be paid to employee organizations or labor organizations;”.

Assemblyman Manendo moved that the Assembly do not concur in the Senate amendment to Assembly Bill No. 249.

Remarks by Assemblyman Manendo.

Motion carried.

Bill ordered transmitted to the Senate.

MOTIONS, RESOLUTIONS AND NOTICES

Assemblywoman Buckley moved that the action whereby Senate Bill
No. 3 was referred to the Committee on Judiciary be rescinded.

Motion carried.

Assemblywoman Buckley moved that Senate Bill No. 3 be referred to the Committee on Ways and Means.

Motion carried.

general file and third reading

Senate Bill No. 420.

Bill read third time.

Remarks by Assemblymen Goicoechea, Carpenter, and Claborn.

Roll call on Senate Bill No. 420:

Yeas—35.

Nays—Angle, Beers, Collins, Gibbons, Gustavson, Hettrick, Williams—7.

Senate Bill No. 420 having received a two-thirds majority, Mr. Speaker declared it passed, as amended.

Bill ordered transmitted to the Senate.

UNFINISHED BUSINESS

Recede From Assembly Amendments

Assemblyman Arberry moved that the Assembly do not recede from its action on Senate Bill No. 46, that a conference be requested, and that
Mr. Speaker appoint a first Conference Committee consisting of three members to meet with a like committee of the Senate.

Remarks by Assemblyman Arberry.

Motion carried.

Appointment of Conference Committees

Mr. Speaker appointed Assemblymen Giunchigliani, Leslie, and Hettrick as a first Conference Committee to meet with a like committee of the Senate for the further consideration of Senate Bill No. 46.

Reports of Conference Committees

Mr. Speaker:

The first Conference Committee concerning Senate Bill No. 372, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Assembly be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA13, which is attached to and hereby made a part of this report.

Chris Giunchigliani	Maggie Carlton
Sheila Leslie	Warren B. Hardy
Bob Beers
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA13.

Amend sec. 6. page 4, line 13, by deleting “subsection 3,” and inserting “this section,”.

Amend sec. 6, page 4, line 19, after “barber.” by inserting: “Such a barber remains under the jurisdiction of the State Barbers’ Health and Sanitation Board.”.

Amend sec. 8, page 5, by deleting lines 29 through 31 and inserting:

“3. The Board may, upon request, authorize a school of cosmetology to offer, in addition to courses which are included in any curriculum required for licensure as a cosmetologist, any other course.”.

Assemblywoman Giunchigliani moved that the Assembly adopt the report of the first Conference Committee concerning Senate Bill No. 372.

Remarks by Assemblywoman Giunchigliani.

Motion carried by a constitutional majority.

Mr. Speaker announced if there were no objections, the Assembly would recess subject to the call of the Chair.

Assembly in recess at 6:44 p.m.

ASSEMBLY IN SESSION

At 6:46 p.m.

Mr. Speaker presiding.

Quorum present.

Mr. Speaker:

The first Conference Committee concerning Assembly Bill No. 358, consisting of the undersigned members, has met and reports that:

It has agreed to recommend that the amendment of the Senate be concurred in.

It has agreed to recommend that the bill be further amended as set forth in Conference Amendment No. CA10, which is attached to and hereby made a part of this report.

John Oceguera	Mark E. Amodei
Rod Sherer	Warren B. Hardy
Genie Ohrenschall	Michael Schneider
Assembly Conference Committee	Senate Conference Committee

Conference Amendment No. CA10.

Amend section 1, page 2, line 2, by deleting “1.5” and inserting “1.3”.

Amend the bill as a whole by renumbering sec. 1.5 as sec. 1.7 and adding a new section designated sec. 1.3, following section 1, to read as follows:

“Sec. 1.3. 1. Except as otherwise provided in this subsection, the Department, in cooperation with the Immigrant Workers Citizenship Project or its successor, shall design, prepare and issue license plates for the support of naturalized citizenship, using any colors and designs that the Department deems appropriate. The design of the license plates must include a depiction of the Aztec Calendar. The Department shall not design, prepare or issue the license plates unless it receives at least 1,000 applications for the issuance of those plates.

2. If the Department receives at least 1,000 applications for the issuance of license plates for the support of naturalized citizenship, the Department shall issue those plates for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to
NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates for the support of naturalized citizenship if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates for the support of naturalized citizenship pursuant to subsections 3 and 4.

3. The fee for license plates for the support of naturalized citizenship is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

4. In addition to all other applicable registration and license fees and governmental services taxes and the fee prescribed in subsection 3, a person who requests a set of license plates for the support of naturalized citizenship must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20, to be distributed pursuant to subsection 5.

5. The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Immigrant Workers Citizenship Project or its successor for its programs and charitable activities in support of naturalized citizenship.

6. If, during a registration year, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

(a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

(b) Within 30 days after removing the plates from the vehicle, return them to the Department.”.

Amend sec. 5, page 6, line 9, by deleting “section 1.5” and inserting: “section 1.3 or 1.7”.

Amend sec. 7, page 8, line 31, by deleting “1.5” and inserting “1.3, 1.7”.

Amend sec. 9, page 10, line 14, by deleting “1.5” and inserting “1.3, 1.7”.

Amend sec. 10, page 10, by deleting lines 40 and 41 and inserting: “applications it has received for the issuance of license plates:

1. Pursuant to section 1.3 of this act; and

2. Pursuant to section 1.7 of this act.”.

Amend sec. 11, page 11, line 1, by deleting “1.5” and inserting “1.3”.

Amend sec. 11, page 11, after line 4, by inserting:

“4. Section 1.7 of this act expires by limitation on July 1, 2005, if on that date the Department of Motor Vehicles has received fewer than
1,000 applications for the issuance of license plates pursuant to that section.”.

Amend the title of the bill by deleting the first through fourth lines and inserting:

“AN ACT relating to motor vehicles; providing for the issuance of special license plates for the support of naturalized citizenship; providing for the issuance of special license plates for the support of the conservation of wetlands; imposing a fee for the issuance and renewal of such license plates; providing for the design, preparation and”.

Assemblyman Oceguera moved that the Assembly adopt the report of the first Conference Committee concerning Assembly Bill No. 358.

Remarks by Assemblyman Oceguera.

Motion carried by a two-thirds constitutional majority.

REMARKS FROM THE FLOOR

Assemblyman Williams requested the following remarks be entered in the Journal.

Assemblyman Carpenter:

The Cowboy Way: Write it in your heart. Stand by the code and it will stand by you. Ask no more and give no less than honesty, courage, loyalty, generosity, and fairness and never forget your constituent’s name.

Assemblyman Williams:

NEVADA ASSEMBLY COWBOY HALL OF FAME

Whereas, Majority Leader Barbara “Buckaroo” Buckley graduated from the University of Nevada, Las Vegas, and has served five regular sessions and two special sessions by following the cowboy rule of “A good woman is like a great horse: Faithful but hard to lead”; and

WHEREAS, David “Show me the Money” Goldwater is a native Nevadan from Las Vegas and first elected to the Nevada Legislature in 1994 serving five regular and two special sessions by following the cowboy rule of “If you take life seriously: How do you explain yesterday?”; and

WHEREAS, Genie “Legal Beagle” Ohrenschall, has served her constituents for five regular and two special sessions by following the cowboy rule of “Nothing that bad or that good lasts that long”; and

WHEREAS, Mark “Range Rider” Manendo received his education in Las Vegas and was elected to the Nevada Legislature in 1994 serving five regular sessions and two special sessions by following the cowboy rule of “Life ain’t fair, and neither is cards”; and

WHEREAS, Dawn “Giddyup” Gibbons received her education at the University of Nevada, Reno and was first appointed to the Nevada Assembly in 1991, then elected in 1999, serving four regular and two special sessions by following the cowboy rule of “Wisdom is realizing you’re riding down the wrong trail…again”; and

WHEREAS, Jacque “Herd Tender” Sneddon has served in the Nevada Legislature since 1995 and as Chief Clerk of the Nevada Assembly since 1999 by following the cowboy rule of “Behind every successful cowboy is a wife that works in town”; and

WHEREAS, Steve “Fence Mender” Watson is a native Nevadan raised in Minden and serving the Nevada Legislature for eight regular and two special sessions by following the cowboy rule of “Walk softly and carry a big heart”, now therefore, be it

Resolved by the Legislative Cowboy Hall of Fame, That these seven members are recognized for their outstanding legislative service in following the Cowboy Way; and be it further

Resolved that Barbara “Buckaroo” Buckley, David “Show me the Money” Goldwater, Genie "Legal Beagle” Ohrenschall, Mark “Range Rider” Manendo, Dawn “Giddyup” Gibbons, Jacque “Herd Tender” Sneddon, and Steve “Fence Mender” Watson are hereby inducted into the Nevada Assembly Cowboy Hall of Fame.

UNFINISHED BUSINESS

Signing of Bills and Resolutions

There being no objections, the Speaker and Chief Clerk signed
Assembly Bills Nos. 7, 13, 29, 146, 195, 286, 295, 313, 415, 453, 542, 548; Assembly Joint Resolution No. 11; Senate Bills Nos. 58, 106, 116, 164, 173, 263, 289, 324, 415, 456, 491; Senate Concurrent Resolutions Nos. 20, 26, and 40.

GUESTS EXTENDED PRIVILEGE OF ASSEMBLY FLOOR

On request of Assemblywoman Angle, the privilege of the floor of the Assembly Chamber for this day was extended to Jill Dickman.

On request of Assemblyman Hardy, the privilege of the floor of the Assembly Chamber for this day was extended to Mike Thompson,
Parker Thompson, and Karen Whitten.

Assemblywoman Buckley moved that the Assembly adjourn until Saturday, May 31, 2003, at 11:00 a.m.

Motion carried.

Assembly adjourned at 6:48 p.m.

Approved: Richard D. Perkins

Speaker of the Assembly

Attest: Jacqueline Sneddon

Chief Clerk of the Assembly